Ex. Hc/Gd Mahavir Prasad v. Union Of India And ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13927/2019 EX. HC/GD MAHAVIR PRASAD ..... Petitioner Through:

Mr. O.P. Agarwal, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Virender Pratap Singh Charak, Advocate with Ms. Shubra Parashar, Ms.

Deepa Malik and Mr. Satinder Tiwari, Advocates for Union of India.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 24.12.2019 CM APPL. 55799/2019 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 13927/2019

2. Notice. Notice is accepted by learned counsel for the Respondents.

3. The prayers in the present petition stand covered by the decision dated 13th September, 2019, as modified by order dated 18th September, 2019, of this Court in W.P. (C) 8203/2019 (Ex-Constable GD Prahalad v. Union of India and batch).

4. Accordingly, the petition is allowed with the following directions: (i) The Petitioner would be given the arrears of the first ACP for the period of completion of 12 years of service till 31st December, 2005 by treating the said scheme as applicable from 1st August, 1999; (ii) The benefit of the MACP will be given from the date of completion of 20 years of service i.e. 11th February, 2008 by treating the MACP scheme as applicable with effect 1st January 2006 onwards; (iii) The Petitioner will be placed in the appropriate pay scale of SI/HC etc. as the case may be (for eg. In the case of SIs Rs.9300 - 34800 with grade pay of 4200) from the date of completion of 20 years of regular service up to the date of voluntary retirement; and, (iv) The appropriate revised pension orders will be issued and arrears will be paid to the Petitioner within a period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears of period of delay.

S.MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 24, 2019 abc